California DUI Laws & Penalties
1. Introduction Navigating DUI
Driving Under the Influence laws in California is essential for both residents and visitors. California enforces strict regulations to reduce impaired driving incidents and enhance public safety. Understanding the state’s legal BAC limits, penalties, and reinstatement process can help drivers avoid serious legal and financial consequences.
2. Nomenclature & Definitions
- DUI (Driving Under the Influence): The primary term used in California for alcohol and drug-impaired driving.
- BAC (Blood Alcohol Concentration): Measurement of alcohol in a driver’s system.
- Per Se DUI: A DUI charge based solely on BAC exceeding legal limits, regardless of observable impairment.
- Implied Consent: Legal requirement that drivers agree to chemical testing when suspected of DUI.
- DUI Program: California’s term for state-approved alcohol and drug education and treatment programs required for license reinstatement.
3. Legal BAC Limits
Standard Drivers (21 and Over): 0.08%
Commercial Drivers (CDL): 0.04%
Underage Drivers (Under 21): 0.01%
4. Penalties for DUI Offenses
1
First Offense:
Fines: $390 to $1,000 (plus additional court fees and penalties).
Jail Time: 48 hours to 6 months.
License Suspension: 6 months.
DUI Program (also referred to as Alcohol Education Program or Driving School): 3 to 9 months.
IID Requirement: 6 months (in some counties).
3
Third and Subsequent Offenses:
Fines: $390 to $1,000 (plus fees and assessments).
Jail Time: 120 days to 1 year.
License Revocation: 3 years.
DUI Program (30-month program): 30 months.
IID Requirement: 2 years.
2
Second Offense (within 10 years):
Fines: $390 to $1,000 (plus fees and assessments).
Jail Time: 96 hours to 1 year.
License Suspension: 2 years.
DUI Program (18-month or 30-month program depending on court order): 18 to 30 months.
IID Requirement: 1 year.
Aggravating Factors:
BAC of 0.15% or higher.
Refusing chemical testing.
Causing injury or property damage.
Driving with a minor in the vehicle.
5. DUI Statistics (California)
- DUI Arrests (2022): Approximately 120,000.
- Alcohol-Impaired Driving Fatalities (2021): 1,370.
- Repeat Offender Rate: Roughly 30%.
6. Implied Consent & Chemical Testing
Drivers who refuse chemical testing face:
- First Refusal: 1-year license suspension.
- Second Refusal (within 10 years): 2-year license revocation.
- Third Refusal (within 10 years): 3-year license revocation.
Refusal can be used as evidence in court.
7. Ignition Interlock Device (IID) Requirements
- IID installation is mandatory for repeat offenders and high-BAC first offenders.
- Duration depends on offense level (6 months to 3 years).
- Installation and maintenance costs are the driver’s responsibility.
8. License Suspension & Reinstatement Process
Suspension Duration: Varies based on offense and refusal to test.
Reinstatement Steps:
- Complete DUI program.
- Obtain SR-22 insurance.
- Pay reinstatement fee.
- Install an IID if required.
9. Key Takeaways
BAC limits:
0.08% (Standard)
0.04% (CDL)
0.01% (Under 21)
- Penalties escalate with repeat offenses and aggravating factors.
- Chemical test refusal triggers automatic license suspension.
- IID often required for license reinstatement.
First step to getting you back on the road
If you have a California DMV or court order to install an interlock device, complete the Clear2Drive™ California Interlock Application to start your installation process. Call or Text 858-295-0895 to begin.
The material provided on this website is for information only and is not intended to provide legal guidance. Please consult your attorney and/or state authorities for specific details and instructions as needed.
